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(영문) 대구지방법원 2016.07.07 2016재나17

대여금

Text

1. The lawsuit of this case shall be dismissed.

2. The costs of the lawsuit for retrial shall be borne by the defendant.

purport, purport, ..

Reasons

1. Determination of the original judgment

A. The Plaintiff filed a lawsuit against the Defendant for a loan with the Daegu District Court 2010 Ghana 101319, and the said court rendered a judgment citing the Plaintiff’s claim on January 24, 2011.

B. The Defendant appealed against the above judgment by the Daegu District Court 201Na2980, but the above court rendered a judgment dismissing the Defendant’s appeal on June 10, 201 (hereinafter “the judgment for review”) and the judgment for review became final and conclusive on June 30, 201.

[Ground for recognition] Facts without dispute, and facts that have been obvious to the court

2. The summary of the grounds for retrial of the Defendant’s assertion was deceiving B, and entered into installment financing agreements with the Plaintiff. Since the conviction on the fraud, violation of the Automobile Management Act, fabrication of private documents, and uttering of the above investigation documents became final and conclusive against B, there are grounds for retrial under Article 451(1)6 of the Civil Procedure Act in the judgment subject to retrial.

3. Determination

A. Article 451(1)6 of the Civil Procedure Act provides that “When the documents and other articles used as evidence of the judgment have been forged or altered,” the grounds for retrial may be prescribed as follows: Provided, That in the case of Article 451(1)4 through 7 of the Civil Procedure Act, a lawsuit for retrial may be brought only when a judgment of conviction or a judgment of imposition of a fine for negligence becomes final and conclusive or a final and conclusive judgment of imposition of a fine for negligence cannot be rendered for reasons other than lack of evidence.” In order to claim grounds for retrial under Article 451(1)4 through 7 of the Civil Procedure Act, other than such grounds for retrial, it shall be presented together with the fact that the requirements under Article 451(2) of the Civil Procedure Act have been satisfied, and without meeting the requirements under Article 451(2) of the Civil Procedure Act, a lawsuit for retrial that asserts grounds for retrial under Article 451(1)4 through 7 of the Civil Procedure Act is unlawful.